نوع مقاله : پژوهشی
نویسنده
استادیار گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه گلستان، گرگان، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
A demonstrative oath is an oath that the plaintiff, in a lawsuit against a dead body, must mention the existence of his right, despite proving his right with evidence, in order to provide reasons for the judge to be convinced of the existence of his right. Due to its exceptional nature, the sworn oath is only used in the lawsuit against the deceased, and in other cases where the defendant does not have the opportunity to defend himself, such as the lawsuit against the minor, insane, and absent, there is no need to attach the plaintiff's oath to the petition. In addition to that, if the claimant has the evidence and proves his right with it, he is obliged to take an oath that is authentic, and therefore guardians, executors, guardians and other representatives cannot take an oath. Because the oath is personal and cannot be represented. Therefore, in the case of the representative against the deceased, according to the general news, the case is proved only by the evidence, and the court is required to issue a verdict in favor of the plaintiff. In addition to that, according to Ghalib,
کلیدواژهها [English]
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